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(영문) 대구지방법원 김천지원 2021.02.04 2020고단805
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 20, 2020, the Defendant: (a) within the Eststababababa, within the Estababababa, where the Defendant was driving a front of the apartment apartment B, on April 20, 2020; (b) “A police officer’s slopeF belonging to the police station of the previous U.S. police station, who was working after receiving a report on 112, and the police officer’s slopeF and the police officer’s assistant Fababbab, who was carrying on the front of the said apartment C; and (c) during the police officer’s service, who was carrying on the front of the said patrol to return to the Republic of Korea; and (d) whether the Defendant “I find any fabab

C. The instant G was on board the back seat with the Defendant, and the instant G was on board the back seat, and the said G was stroke with both hands, and the said G was stroke.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A copy of the victim F's identification card, and a copy of the victim G public official identification card;

1. Application of the statutes governing the place of service of the 112 reported case handling box and the D police box;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years;

2. Scope of the recommended sentences according to the sentencing criteria;

A. Group 1 Crimes (Interference with the Execution of Official Duties) / [Type 1] No interference with the performance of Official Duties / [No person subject to special sentencing] [the territory of recommendations and the scope of punishment] basic area, imprisonment with labor for six months to one year and six months;

B. Second Crimes (Interference with the Execution of Official Duties) / [Type 1] Interference in the Execution of Official Duties / [No person subject to special sentencing] [the territory of recommendations and the scope of punishment] Basic Field, Imprisonment with labor for six months to one year and six months.

(c) Standards for handling multiple crimes shall be met;

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